This CLE webinar will focus on drafting force majeure clauses to address the issues and factors required by U.S. courts for enforcement and address .. Read more the international reach and interpretation of what "superior force" may mean on a global level. However, the question remains: does a pandemic like COVID-19 invoke the elements of this clause?. Amid the current economic uncertainty, businesses must determine whether circumstances presented by COVID-19 meet the legal requirements of force majeure and that such provisions are sufficiently specific to be enforceable. For a party to invoke the clause, the event must be unforeseeable. Boilerplate agreement language often includes a laundry list of events defining an "act of God," but a court may or may not agree that COVID-19 is a covered event. Further, enforcement of a force majeure clause requires that the company prove that the force majeure event defined in the contract caused a party's inability to perform a contract obligation. Listen as our expert panel provides practical advice on drafting a precise and enforceable force majeure provision so counsel may save their clients from unforeseen circumstances and the next global emergency.
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